People v. Waite

Lahtinen, J.P.

Appeal from an order of the County Court of Warren County (Hall Jr., J.), entered October 18, 2012, which partially granted defendant’s motion to dismiss the indictment.

Defendant’s 15-month-old son died as a result of head injuries sustained while in defendant’s custody. A grand jury indicted defendant on charges of murder in the second degree (depraved indifference murder of a child), manslaughter in the second degree and endangering the welfare of a child. Defendant moved to dismiss the indictment. County Court denied the motion as to the counts of manslaughter and endangering…